Businesses including Not-for-Profit entities should review their privacy policies and procedures to ensure that they comply with the new Australian privacy principles before they commence on 14 March 2014.

The Privacy Amendment (Enhancing Privacy Protection) Act 2012 is the most significant privacy reform since the Privacy Act was introduced over 25 years ago. The new privacy principles will regulate the handling of personal information by businesses and Australian government agencies.


Continue Reading Privacy Act Amendments to Regulate Businesses and Government Agencies

Tony Abbott

Following the Coalition’s election win in September, the Government has continued its rhetoric that it will dismantle the Australian Charities and Not For Profits Commission (ACNC) and move all regulatory functions to the Australian Taxation Office (ATO).

With the ACNC still in its infancy, this has brought great uncertainty to the NFP and charity sectors. Minister Andrews indicated in mid-October that the Government would begin consultations with the sector to discuss the Government’s transition plans, with any implementation unlikely to be in place before the end of 2014.

On balance, it is our view that the ACNC is likely to survive due to the complexity in unwinding the legislation connected with it and the political uncertainty around passing the necessary amendments.  In our view it is likely that some of the current, and what some in the sector would consider more onerous, obligations upon charities administered by the ACNC may be relaxed where legislative approval is not required or can be negotiated.


Continue Reading New Government Brings Uncertainty to the Not-For-Profit and Charity Sector

Summary – Uniform national laws changing the legislative requirements for co-operatives have passed the NSW Parliament and have been introduced into every State Parliament.Successful negotiations

On 10 May 2012, New South Wales Fair Trading Minister Anthony Roberts welcomed the passage of the new Co-operatives (Adoption of National Laws) Bill 2012.

The new national law scheme introduces a significant reform for the Co-operatives sector as it moves towards uniform legislation regulating Co-operatives within each State and Territory. It aims at empowering co-operatives, cutting costs and reducing red tape.


Continue Reading New Co-operatives (Adoption of National Laws) Bill 2012

Summary – The Assistant Treasurer has issued a further Exposure Draft on proposed legislation restating and standardizing special conditions for tax concession charities including Map of Australiathe “In Australia” conditions.

The Assistant Treasurer has now released a further Exposure Draft of legislation restating and standardising special conditions for tax concession entities and, in particular, refining the “In Australia” special conditions.

Under the current law, tax concession charities and deductible gift recipients have different requirements concerning their obligations to operate “In Australia” to access tax concessions.


Continue Reading In Australia Tax Concession Requirements Reviewed

Speaker at ConferenceSummary – Bill d’Apice and Kylie Maxwell presented to the NSW State Legal Conference on NFP structures and the reform agenda for charities and NFPs on 27 March 2012.

Bill d’Apice and Kylie Maxwell both gave presentations to many lawyers and sector representatives at the request of organisers of the NSW State Legal Conference. They addressed current issues affecting Charities and Not-For-Profits in relation to entity structures, public juridical persons, changes to the laws affecting Public Ancillary Funds, the proposed unrelated business income tax, proposals concerning “In Australia” requirements for certain entities and possible changes to governance requirements with the upcoming Australian Charities & Not-For-Profits Commission.


Continue Reading NSW State Legal Conference

The Federal Government has been working on the reform of the Charities and Not-For-Profit sector arduously before the Christmas break.

The Government has recently released 4 discussion papers and drafts for comment and passed legislation on issues affecting Not-For-Profit organisations and Charities.

In particular, the Government has released: